B-132008, AUG. 6, 1957

B-132008: Aug 6, 1957

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WARREN LEE NUCKOLS: REFERENCE IS MADE TO YOUR LETTER OF MAY 4. YOU WERE TRANSFERRED FROM DUTY AT THE U.S. IT APPEARS THAT YOU WERE DETACHED FROM DUTY AT SEATTLE ABOUT NOVEMBER 20. WERE SHIPPED BY VAN FROM SEATTLE. UPON ARRIVAL OF THE EFFECTS THEY WERE PLACED IN COMMERCIAL STORAGE IN RIVERSIDE. YOUR EFFECTS WERE DRAYED FROM STORAGE TO YOUR RESIDENCE IN RIVERSIDE AT A COST TO YOU OF $127.14. YOUR CLAIM FOR REIMBURSEMENT FOR THE EXPENSES SO INCURRED WAS DISALLOWED BY OUR SETTLEMENT DATED APRIL 24. ON THE BASIS THAT YOU FAILED TO MAKE ADVANCE ARRANGEMENTS FOR THE IMMEDIATE ACCEPTANCE OF YOUR HOUSEHOLD EFFECTS UPON THEIR TRAVEL AT RIVERSIDE AS REQUIRED BY PARAGRAPH 8050-6 OF THE JOINT TRAVEL REGULATIONS AND BECAUSE OF THE ADVANCE SHIPMENT OF YOUR EFFECTS WAS FOR YOUR OWN CONVENIENCE.

B-132008, AUG. 6, 1957

TO MR. WARREN LEE NUCKOLS:

REFERENCE IS MADE TO YOUR LETTER OF MAY 4, 1957, REQUESTING REVIEW OF SETTLEMENT DATED APRIL 24, 1957, WHICH DISALLOWED YOUR CLAIM FOR REIMBURSEMENT OF THE EXPENSES INCURRED IN THE STORAGE AND DRAYAGE OF YOUR HOUSEHOLD EFFECTS IN NOVEMBER AND DECEMBER 1956, INCIDENT TO YOUR SERVICE AS AN ENLISTED MAN, UNITED STATES NAVY.

BY ORDERS DATED OCTOBER 16, 1956, YOU WERE TRANSFERRED FROM DUTY AT THE U.S. NAVAL RECEIVING STATION, SEATTLE, WASHINGTON, TO DUTY AT LONG BEACH, CALIFORNIA. SUCH ORDERS AUTHORIZED 30 DAYS' DELAYEN ROUTE TO COUNT AS LEAVE. IT APPEARS THAT YOU WERE DETACHED FROM DUTY AT SEATTLE ABOUT NOVEMBER 20, 1956, AND THAT YOU REPORTED FOR DUTY AT LONG BEACH ON DECEMBER 28, 1956. BY APPLICATION DATED OCTOBER 18, 1956, TO THE COMMANDING OFFICER, NAVAL SUPPLY DEPOT, SEATTLE, WASHINGTON, YOU REQUESTED SHIPMENT OF YOUR HOUSEHOLD EFFECTS FROM SEATTLE, WASHINGTON, TO RIVERSIDE, CALIFORNIA, THE PICKUP DATE BEING SHOWN IN THE APPLICATION AS OCTOBER 26, 1956.

THE RECORD SHOWS THAT YOUR HOUSEHOLD EFFECTS, WEIGHING 5,540 POUNDS, WERE SHIPPED BY VAN FROM SEATTLE, CONSIGNED TO YOU AT RIVERSIDE ON GOVERNMENT BILL OF LADING NO. N-1717592, ISSUED OCTOBER 22, 1956. UPON ARRIVAL OF THE EFFECTS THEY WERE PLACED IN COMMERCIAL STORAGE IN RIVERSIDE. DECEMBER 19, 1956, AT YOUR REQUEST, YOUR EFFECTS WERE DRAYED FROM STORAGE TO YOUR RESIDENCE IN RIVERSIDE AT A COST TO YOU OF $127.14, FOR STORAGE AND DRAYAGE. YOUR CLAIM FOR REIMBURSEMENT FOR THE EXPENSES SO INCURRED WAS DISALLOWED BY OUR SETTLEMENT DATED APRIL 24, 1957, ON THE BASIS THAT YOU FAILED TO MAKE ADVANCE ARRANGEMENTS FOR THE IMMEDIATE ACCEPTANCE OF YOUR HOUSEHOLD EFFECTS UPON THEIR TRAVEL AT RIVERSIDE AS REQUIRED BY PARAGRAPH 8050-6 OF THE JOINT TRAVEL REGULATIONS AND BECAUSE OF THE ADVANCE SHIPMENT OF YOUR EFFECTS WAS FOR YOUR OWN CONVENIENCE.

IN YOUR LETTER OF MAY 4, 1957, YOU SAY IN SUBSTANCE THAT YOU REQUESTED EARLY SHIPMENT OF YOUR EFFECTS TO BE SURE OF THEIR ARRIVAL AT DESTINATION BY DECEMBER 15, 1956; THAT YOU HAD PURCHASED A HOUSE IN RIVERSIDE WHICH WOULD BE AVAILABLE FOR YOUR OCCUPANCY ABOUT DECEMBER 1, 1956; THAT AT THE TIME YOUR EFFECTS WERE PICKED UP FOR SHIPMENT YOU ADVISED THE DRIVER OF THE VAN THAT YOU WOULD NOT LEAVE SEATTLE UNTIL NOVEMBER 29, 1956; THAT YOU ARRIVED IN RIVERSIDE ABOUT DECEMBER 7, 1956; AND THAT YOUR EFFECTS WERE DELIVERED ON DECEMBER 29, 1956, AT A COST TO YOU OF $127.14. ON SUCH BASIS YOU URGE THAT YOUR CLAIM SHOULD BE ALLOWED.

THE PERTINENT PARAGRAPHS OF THE JOINT TRAVEL REGULATIONS IN FORCE AT THE TIME OF THE STORAGE IN QUESTION PROVIDED:

"8050-6. ACCEPTANCE AT DESTINATION. ADVANCE ARRANGEMENTS FOR IMMEDIATE ACCEPTANCE OF THE HOUSEHOLD GOODS FROM THE CARRIER AT DESTINATION ARE THE RESPONSIBILITY OF THE MEMBER. THE MEMBER IS RESPONSIBLE FOR ANY DEMURRAGE, UNAUTHORIZED STORAGE, OR OTHER CHARGES INCURRED BECAUSE CORRECT DELIVERY ADDRESS WAS NOT FURNISHED OR BECAUSE SHIPMENT WAS NOT ACCEPTED PROMPTLY FROM THE CARRIER BY SUCH MEMBER OR HIS AUTHORIZED AGENT. SHIPMENTS WILL BE FORWARDED TO THE MEMBER OR HIS AUTHORIZED AGENT AS DESIGNATED IN HIS APPLICATION FOR TRANSPORTATION OF HOUSEHOLD GOODS (STANDARD FORM 116).

"8006-1. TEMPORARY STORAGE

A. WHEN AUTHORIZED. WHENEVER NECESSARY IN CONNECTION WITH A PERMANENT CHANGE OF STATION, BECAUSE OF CONDITIONS BEYOND THE CONTROL OF THE MEMBER (INCLUDING BUT NOT LIMITED TO DIRECTED SURRENDER OF QUARTERS, ARRIVAL OF SHIPMENT AT DESTINATION BEFORE ARRIVAL OF MEMBER, OR NONAVAILABILITY OF HOUSING AT DESTINATION) TEMPORARY STORAGE OF HOUSEHOLD GOODS WITHIN PRESCRIBED WEIGHT ALLOWANCE IS AUTHORIZED AT GOVERNMENT EXPENSE. * * *"

UNDER THESE REGULATIONS A MEMBER IS RESPONSIBLE FOR THE COST OF ANY STORAGE AT DESTINATION UNLESS IT APPEARS THAT SUCH STORAGE WAS NECESSARY BECAUSE OF CONDITIONS BEYOND THE CONTROL OF THE OWNER. THIS MUST BE SUPPORTED BY A CERTIFICATE OF NECESSITY ISSUED BY APPROPRIATE AUTHORITY. YOUR APPLICATION FOR TRANSPORTATION OF HOUSEHOLD EFFECTS WAS MADE ON OCTOBER 18, 1956, AND YOUR ADDRESS AS SHOWN IN THE APPLICATION WAS 8739 CALIFORNIA AVENUE, RIVERSIDE, CALIFORNIA, INDICATING THAT YOU KNEW WHAT QUARTERS YOU WOULD OCCUPY AT RIVERSIDE. YOU MUST HAVE KNOWN AT THAT TIME THAT YOUR SHIPMENT COULD ARRIVE BEFORE YOUR ARRIVAL THERE BECAUSE YOU HAD NOT ON OCTOBER 18, 1956, BEEN DETACHED FROM YOUR DUTY STATION AT SEATTLE. IT WAS NOT UNTIL ABOUT NOVEMBER 20, 1956, THAT YOU WERE DETACHED. ADDITION YOU WERE AUTHORIZED TO DELAY 30 DAYS AS LEAVE. YOU THEREFORE SHOULD HAVE MADE THE NECESSARY ARRANGEMENTS EITHER TO INSURE THAT YOUR EFFECTS WOULD BE DELIVERED AFTER YOUR ARRIVAL OR YOU SHOULD HAVE ISSUED INSTRUCTIONS FOR THE DISPOSITION OF YOUR EFFECTS UPON THEIR ARRIVAL. WHEN YOUR EFFECTS ARRIVED WITHOUT SUCH INSTRUCTIONS, THERE WAS NO ALTERNATIVE BUT TO PLACE THEM IN TEMPORARY STORAGE AT YOUR EXPENSE. IT WOULD APPEAR THAT THE EXPENSE FOR STORAGE RESULTED FROM YOUR EARLY REQUEST FOR SHIPMENT FROM SEATTLE RATHER THAN FROM CIRCUMSTANCES BEYOND YOUR CONTROL. THE FACT THAT YOU REQUESTED EARLY SHIPMENT BECAUSE OF DELAY EXPERIENCED IN CONNECTION WITH A PREVIOUS SHIPMENT OF YOUR HOUSEHOLD EFFECTS FROM SAN FRANCISCO, CALIFORNIA, TO SEATTLE AFFORDS NO LEGAL BASIS FOR THE ALLOWANCE OF YOUR CLAIM.

ACCORDINGLY, THE DISALLOWANCE OF YOUR CLAIM BY THE SETTLEMENT OF APRIL 24, 1957, IS SUSTAINED.